Author: Vanshika Mulchandani, Prestige institute of management and research, department of law (Indore)
LinkedIn Profile: https://www.linkedin.com/in/vanshika-mulchandani-6630833a1?utm_source=share_via&utm_content=profile&utm_medium=member_ios
TO THE POINT:
Digital arrest scams are the fastest-growing form of cyber fraud and an emerging challenge in cybercrime. One of the horrible forms of cybercrime is “Digital Arrest”, in which scammers pretend to be Police Officers, CBI officials, ED officers, judges, customs authorities, and inappropriately accuse victims of criminal activities like money laundering, drug trafficking, or tax evasion. Victims are threatened by phone calls, video calls, or WhatsApp messages. They falsely claim that the victim is under investigation and give threats of immediate arrest, freezing the bank account, or prosecution unless they agree to their demands. The scammers then force victims to transfer money to “verify account,” “avoid arrest,”“share otp”, or any kind of “Sensitive information”.
The term “Digital Arrest” has no legal recognition in Indianlaw; no police officers, any court, or investigation agency can arrest victims on phone calls, video calls, social media platforms, or WhatsApp messages. Arrest procedures are governed by the provision of the Bhartiya Nagarik Suraksha Sanhita, 2023, the Information Technology Act,2000, and require compliance with statutory safeguards.
USE OF LEGAL JARGONS:
1. Fraud and Cheating- Digital scam primarily constitute the offence of cheating, fraud, and personation.
2. Identity theft- The use of fake Government identity, forged document, and unauthorised use of official’s insignia.
3. cyber fraud- It involves the misuse of telecommunication, networks, and digital platforms for unlawful gain.
4. Criminal intimidation- scammers threatened victims with arrest, imprisonment, or legal proceeding, thereby criminal intimidation.
Relevant statutory provisions:
Bhartiya Nyaya Sanhita,2023 (BNS)
1. Section 318: Cheating.
2. Section 319: Cheating by personation.
3. Section 336: Forgery.
4. Section 338: Forgery of valuable security or electronic records.
5. Section 340: Using forged documents as genuine.
6. Section 351: Criminal intimidation.
7. Section 204: Personating a public servant.
Information Technology Act,2000
1. Section 66C: Punishment for identity theft.
2. Section 66D: Cheating by personation using computer resources.
3. Section 72: Breach of confidentiality and privacy.
THE PROOFS-
Method of operating the digital arrest scam:
1. The victim receives a call from a scammer claiming to be a police officer, customs officials, telecom company, or investigative agency.
2. The scammer claims that the victim’s Aadhaar number, mobile number, or bank account has been linked to a criminal activity.
3. The victim is transferred to another officer through a video call.
4. Fake arrest warrants, court orders, and government identity cards are displayed.
5. The victim is instructed to remain isolated and prohibited from contacting any family member.
6. Money is demanded as a security deposit or investigation charges.
7. Once money is transferred, the scammers disappear.
Under Indian criminal jurisprudence:
1. An arrest is a physical restraint of personal liberty authorised by law.
2. Police officers must follow statutory procedures prescribed under the BNSS.
3. Ground of arrest must be communicated to the accused.
4. Constitutional protections under Articles 21 and 22 of the Constitution of India safeguard individuals against arbitrary deprivation of liberty.
5. Judicial orders are not ordinarily communicated through random video calls or messaging platforms.
Therefore, any person claiming that a victim has been “digitally arrested” is misrepresenting the law and committing fraud.
REMEDIES AVAILABLE TO VICTIMS:
1. Cybercrime helpline number (1930)- The victim should call 1930 immediately to block scammers’ transactions and initiate fund recovery procedures.
2. FIR Registration- The victim should file an FIR against the scammers at their nearest police station or cybercrime police station.
3. Preservation of Evidence- The victim should preserve evidence, such as:
• Call recordings
• Screenshots
• Bank statement
• Video recordings
• Emails and messages
4. Seeking judicial remedies- The Victim may approach the Magistrate under the Bhartiya Nagarik Suraksha Sanhita, 2023.
5. Compensation claims- The Victim may seek compensation through the criminal proceeding and other legal remedies where applicable.
ABSTRACT:
Digital arrest is a scam that represent one of the most dangerous emerging forms of cybercrime in India. Scammers exploit public fear of law enforcement by impersonating police officers, customs officials, or investigating agencies. Through allegations and threats of immediate arrest, victims are manipulated into transferring funds.
The term “digital arrest” has no legal recognition in Indian law; thousands of citizens have suffered losses due to misrepresentation and technological deception. Such acts constitute offences of cheating, personation, identity theft, and cyber fraud under the Bhartiya Nyaya Sanhita, 2023, and the Information Technology Act, 2000.
The year 2024 witnessed a rise in cybercrime, especially in digital arrest schemes. Victims are protected by constitutional safeguards against immediate arrest and are entitled to seek remedies through cybercrime reporting, criminal persecution, judicial intervention, and banking channels.
CASE LAWS:
1. Supreme Court Suo motu cognization of Digital Arrest Scams (2024)
The Court took suo motu cognizance after fraudsters used forged Supreme Court orders to extort money from citizens.
2. K.S. Puttaswamy v. Union of India (2017)
The Supreme Court recognized privacy as a fundamental right under Article 21
Relevance- Digital Arrest scammer frequently misuse personal information and violate privacy rights protected under this landmark judgement.
3. Shreya Singhal v. Union of India (2015)
The court emphasized constitutional protection against Digital Arrest and safeguard citizens against unlawful restrictions affecting fundamental rights.
Relevance- The Judgement reflect judicial recognition that digital spaces must operate within the constitutional and legal boundaries.
CONCLUSION:
The Digital arrest scam has emerged as a serious cybercrime challenge in India. The fraud depends upon public misunderstanding of legal procedures and the misuse of official authority. Importantly, the concept of “digital arrest” has no legal validity under Indian laws. An Arrest can only be conducted in accordance with established statutory procedures and constitutional safeguards.
The Bhartiya Nyaya Sanhita, 2023, and the Information Technology Act, 2000, provide statutory tools to prosecute offenders for cheating, forgery, personation, and identity theft. Simultaneously, Articles 21 and 22 of the Constitution protects citizen’s privacy from unlawful deprivation of liberty. Increasing public awareness, prompt reporting, and effective cyber laws are essentials for protecting individuals from this evolving from of digital scams and ensuring a secure cyber space in India.
FREQUENTLY ASKED QUESTIONS:
1. What is digital arrest?
A digital arrest scam is a cyber fraud in which scammers pretend to be police officers, customs officials, or an investigation agency through phone calls, video calls, or messages to threaten victims and demand money. There isno concept of “digital arrest” under Indian law.
2. Is digital arrest recognized under Indian law?
No, there is no legal concept of “digital arrest” in Indian law. An arrest can only be made in accordance with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, and other applicable laws.
3. Can the police arrest a person through phone calls or video calls?
No, police authorities cannot legally arrest a personthrough phone call, video call, messages, or emails. Any claim should be treated with Suspicion and verified through official channels.
4. Which laws apply to the Digital Arrest Scam in India?
Such scams may attract provisions under:
• Bharatiya Nyaya Sanhita, 2023 (BNS)- Cheating, forgery, criminal intimidation, personation.
• Information Technology Act, 2000- identity theft and cheating by personation using computer resources.
5. How can citizens protect themselves from the Digital Arrest Scam?
Citizens should:
• Never share OTPs, passwords, or banking details.
• Verify the identity of callers through the official channel.
• Ignore threats demanding immediate payment.
• Stay informed about cybercrime awareness initiatives.
• Report suspicious communications immediately.
